Michael Morgan
Director
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PPPR Act Applications
No EPA in place?
There's still a path forward.
When someone you care for has lost capacity without an Enduring Power of Attorney, the court can grant you authority to act. We guide families through this process every week.
Court application experience
We understand the urgency
Clear guidance during crisis
You Are Not Alone
This happens to many families.
When someone loses capacity suddenly through dementia, stroke, accident or illness, family members often find themselves unable to act. Banks freeze accounts. Medical providers need authority. Bills pile up.
Banks Won't Release Funds
Without legal authority, you cannot access their accounts, even to pay for their care. Banks are legally required to protect the account holder.
Healthcare Decisions
Major medical treatment decisions may require someone with legal authority to consent. Legally, family relationships alone are not sufficient.
Property Cannot Be Sold
If the family home needs to be sold to pay for rest home care, no one can sign on their behalf. The property sits frozen.
The Legal Pathway
The court can grant authority
The Protection of Personal and Property Rights Act 1988 (PPPR Act) provides several types of court orders, depending on what your family needs.
Property Orders
For specific financial transactions. The court authorises a particular action, like selling a property or accessing a bank account.
One-time authorityProperty Manager
For ongoing financial management. You are appointed to handle all their financial affairs, bank accounts, investments, and property.
Ongoing authorityPersonal Orders
For specific welfare decisions. The court authorises decisions about healthcare, living arrangements, or other personal matters.
One-time authorityWelfare Guardian
For ongoing care decisions. You are appointed to make all personal and welfare decisions on their behalf, including healthcare and daily needs.
Ongoing authorityWe assess your situation and advise which orders you need.
Call to Discuss Your Situation
The Process
How a court application works.
Typical timeline: 3-6 months
01
Application Filed
We prepare and file the application on your behalf, including all required documentation.
02
Medical Evidence
A capacity assessment from a doctor confirms the person can no longer make decisions.
03
Court Review
The court reviews the application and evidence. A hearing may be required in some cases.
04
Orders Made
The court grants authority for specific matters, giving you the legal power to act.
What we handle for you
Assess your situation and advise on which orders you need
Prepare all court documentation
Coordinate with medical professionals for capacity assessments
Represent your family in the court application
Explain ongoing obligations once orders are made
Handle renewals when orders expire (usually 3-5 years)
Common Situations We Help With
Selling property for care
When a family home needs to be sold to pay for rest home care but the owner cannot sign the documents.
Accessing bank accounts
When banks require legal authority before releasing funds from someone's account, even to pay for their care.
Healthcare decisions
When medical treatment decisions need to be made and no one has legal authority to consent.
Moving to residential care
When someone needs to move into a care facility but cannot consent to the arrangements.
Partner loses capacity
When one partner in a relationship can no longer manage joint or personal affairs.
Does your situation sound like one of these?
Call 06 835 7394 →Preventing this for others
The court application process exists because Enduring Powers of Attorney were not in place. If one partner has lost capacity, this is the right time for the other partner to review their own planning.
Learn about Enduring Powers of Attorney
Your Estates Team
Experienced lawyers who understand
the urgency and sensitivity of these situations
Common Questions About Mental Incapacity
Most applications take three to six months from filing to orders being made. Complex or contested matters can take longer. We keep you informed of progress and ensure no delays from our side.
A capacity assessment by a medical professional, usually a geriatrician or psychiatrist, is required. The assessment must confirm the person lacks capacity to make decisions in the relevant areas.
We can advise on how to arrange this assessment and what information the medical professional will need.
Applications can be made by family members, caregivers, or any person with a genuine interest in the welfare of the person who has lost capacity. The court considers the relationship and suitability of the applicant.
When family members disagree, the court will consider all views and appoint someone it considers suitable. In some cases, an independent third party may be appointed.
We can help navigate these situations sensitively and explain the options available to the court.
A welfare guardian makes decisions about personal care and welfare, including living arrangements, healthcare, and daily needs. A property manager handles financial and property matters, including bank accounts, investments, and selling assets.
Some situations require both appointments; others may only need one.
Yes. Most orders are made for a period of three to five years and must be renewed before they expire. We can handle the renewal process for you.
Yes. If the person regains capacity, they or someone on their behalf can apply to have the orders revoked. Medical evidence of regained capacity would be required.
Property managers are usually required to file annual accounts with the court, showing how the person's finances have been managed. Welfare guardians must act in the person's best interests but usually do not have formal reporting requirements.
We explain all ongoing obligations when orders are made.
